Terms of Service

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://upstrike.co website (the “Service”) operated by Equity Capital, LLC. DBA Upstrike. (“us”, “we”, or “our”). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

Service Overview

Upstrike provides subscription-based website support, maintenance, development, hosting, security monitoring, and related technical services (collectively, “Services”). Unless otherwise agreed in writing:

• Services are provided on a recurring basis (e.g., monthly or annual subscriptions).
• Each plan includes a defined scope of work and task limits.
• New builds, migrations, or major replatforming work are excluded unless agreed in writing.

Payment & Billing

• Plans are billed automatically according to the billing cycle selected (monthly or annual).
• All subscriptions renew automatically unless canceled prior to the end of the current term.
• Payments must be made in U.S. dollars using the payment method provided.
• Applicable taxes may be added based on billing address.
• Refund requests are subject to our refund policy.

Task Submissions & Scope

• All work requests must be submitted through our designated client portal or support channel.
• Tasks must fall within the scope and limits of your subscribed plan.
• We reserve the right to decline or defer tasks that exceed scope, create legal or security risk, or fall outside our services.
• You will be notified if a request requires an upgrade or separate quote.

Client Responsibilities

• Provide timely access to website admin, hosting accounts, and necessary credentials.
• Maintain properly licensed themes, plugins, and software.
• Respond promptly to communications to allow task completion.

Upstrike is not responsible for delays caused by missing access, third-party provider issues, or lack of timely client response.

Refund Policy

Upstrike offers a 30-day money-back guarantee for new customers. If you are not satisfied with our Services within the first thirty (30) days of your initial subscription purchase, you may request a full refund by contacting our support team within that period. This guarantee applies only to first-time subscriptions and does not apply to renewals, upgrades, domain registrations, third-party software, custom development, or other pass-through costs. Refund requests submitted after the 30-day period will not be eligible for reimbursement.

Subscription Cancellation

You may cancel your subscription at any time via your account portal or written notice. Cancellation becomes effective at the end of the current billing period. No refunds are issued for unused time or remaining tasks unless otherwise stated in our refund policy.

Out-of-Scope Work & Hourly Billing

Requests outside your plan scope (including major redesigns, custom development, or extended work) may be quoted separately and billed at our standard hourly rate. All out-of-scope work must be approved in writing before work begins.

Emergency Support

Emergency issues may be reported through the designated support channel. While we prioritize urgent matters, Upstrike does not guarantee specific resolution times.

Limitation of Liability

To the fullest extent permitted by law, Upstrike shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, or business interruption. Total liability for any claim shall not exceed the amount paid by you to Upstrike in the thirty (30) days preceding the claim.

Disclaimer of Warranties

All Services are provided “as is” and “as available” without warranties of any kind, express or implied. Upstrike does not warrant that the Services will be uninterrupted, secure, or error-free.

Indemnification

You agree to indemnify and hold harmless Upstrike, its owners, employees, contractors, and affiliates from any claims, damages, liabilities, losses, and expenses arising out of your use of the Services or violation of these Terms.

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the appropriate courts located in Riverside County, California.

Force Majeure

Upstrike is not liable for delays or failure to perform resulting from causes beyond our reasonable control, including but not limited to natural disasters, internet outages, acts of government, labor disputes, or third-party service interruptions.

Modifications to Terms

Upstrike reserves the right to update or modify these Terms at any time. Updated Terms will be posted on this page with a revised effective date. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

Contact Information

For any questions or concerns regarding these Terms, you may contact us at:

• Equity Capital, LLC. DBA Upstrike
• Mailing: 421 Broadway Unit #338 San Diego, CA 92101
• Office: 41877 Enterprise Cir N, Temecula CA 92590
• Email: support@upstrike.co
• Phone: (866) 481-0865